Bialoglowski

The United States brought suit under § 15 of the Naturalization Act of June 29, 1906, 8 U.S.C.A. § 405 , to cancel a certificate of naturalization issued to appellee by the Superior Court of Alameda County, California, on December 22, 1933. The case was tried before the court, sitting without a jury, and a judgment of dismissal entered. This appeal followed.

Briefly, the facts are that appellee, a native of Poland, entered this country at New York on August 13, 1928, at which time he was given an immigration card. He came West and entered the University of California as a foreign student in agriculture. He was unable to pass the entrance examinations because of his failure to make the English language requirements, but was admitted conditionally upon later qualifying himself in English. He did so, earning a Bachelor’s degree in science, and later a Ph. D. in agriculture. He is now employed by the State of California in research work.

While a student at the university, he was told that having an immigration card he was eligible to petition for naturalization. Upon inquiry at the office of the Clerk of the Superior Court of Alameda County as to his status and right to…